Brown v. Stonebridge Life Insurance Company

Plaintiffs filed declaratory relief action, seeking declaration that two insurers were to pay benefits to them under accidental death insurance policies issued to their mother, but insurers sought summary judgment based on medical treatment exclusion. Mother had been treated for chronic back pain and died of fentanyl intoxication from prescription for fentanyl patch. Medical treatment exclusion unambiguously excluded accidental death from use of prescribed narcotics from ongoing medical treatment for chronic back pain resulting from medical disease or sickness. (McDADE and O'BRIEN, concurring.)